Arbitration is a method of resolving disputes outside the courtroom, where the parties agree to submit their conflict to one or more arbitrators who make a binding decision. It is typically faster, more cost-effective and confidential compared to traditional litigation. 

Here are some useful guides for carrying on a successful arbitration of a business dispute:

• Start the process as soon as possible — One of arbitration's primary advantages is its ability to resolve disputes quickly. To maximize this benefit, initiate the arbitration process without unnecessary delays. Procrastination can diminish the efficiency of arbitration, resulting in prolonged conflict and increased costs.

• Choose a good arbitrator — Opt for an arbitrator with proven experience and expertise in the specific subject matter of your dispute. An arbitrator familiar with the industry nuances and legal context can provide a more informed and fair decision, enhancing the arbitration's overall effectiveness.

• Maintain credibility — Always ensure the accuracy of your statements, testimonies and documents presented to the arbitrator. Misstatements or inaccuracies can significantly damage your credibility, which can, in turn, negatively affect the outcome of the arbitration.

• Observe professional conduct —Advocate zealously for your client while maintaining a cooperative stance on procedural matters with opposing counsel. Avoid berating the other side or indulging in complaints about unfair treatment. Professionalism enhances the arbitrator's perception of your case.

• Make your opening statement short but memorable — If you have submitted a pre-hearing brief, the arbitrator has likely read it. Avoid repeating the same content orally. Instead, make your opening statement concise and impactful, focusing on the critical points and setting a strong foundation for your case.

• Avoid far-fetched claims and defenses — Experienced arbitrators seek to understand the core issues and the relevant law and evidence supporting your position. Stick to plausible claims and defenses to maintain a strong and credible case.

• Don’t waste time and money on motions — Arbitration does not typically require the motion practice used in litigation. Filing unnecessary motions wastes time and resources. Focus on the arbitration's streamlined process to resolve the dispute efficiently.

• Focus on the weight of evidence, not admissibility — Arbitrators generally consider all presented evidence based on it its worth. Rather than contesting admissibility, concentrate on the weight and relevance of the evidence to support your case.

• Support your closing argument with facts — Rather than reiterating what has been covered during the hearing, provide the arbitrator and the opposing party with a well-organized notebook containing all the necessary materials to write the award. Your closing argument can then be a concise summary, giving the arbitrator an opportunity to ask clarifying questions and solidifying your position.

By adhering to these strategies, parties can navigate the arbitration process more effectively, helping to bring about a fair and expedient resolution to their business disputes.

Quinn & Kronlund, LLP in Stockton, California has deep experience as a provider of arbitration in a wide range of legal matters. Feel free to contact us online or call 209-943-3950 to learn more about the services we offer.